Synopsis

I. Harmonious construction

Principles of harmonious construction:

1. Avoidance of head-on clash:

2. One section cannot defeat the other:

3. Conflicting provisions:

4. Ambiguities or obscurities:

5. Dead letter effect:

6. True meaning:

7. Incongruous results:

8. Harmonious construction:

I. Harmonious construction

The legislature never intends to contradict itself by providing two repugnant provisions in the same statute is the substratum or foundation on which the principle of harmonious construction stands.

A statutory provision, which in effect purports to negate another provision in the same statute, must be harmoniously construed unless such construction violates the words of the provision or policy of the Act. [Needle Industries (India) Ltd. v. Needle Industries Newey (India) Holding Ltd. (1981)]

Principles of harmonious construction:

1. Avoidance of head-on clash: It is the duty of the courts to construe the provisions which appear to be in conflict with each other in such a manner as to harmonize them and avoid a head on clash between two sections of the Act.

2. One section cannot defeat the other: Unless the courts, in spite of its efforts, finds its impossible to effect reconciliation, the provisions of one section of a statute cannot be used to defeat the other provisions.

3. Conflicting provisions: When there are two conflicting provisions in the Act which cannot be reconciled with each other, if possible, effect should be given to both.

4. Ambiguities or obscurities: Courts should not be over zealous in searching for ambiguities or obscurities in words which are plain. [Tata Consultancy Services vs State of Andhra Pradesh 2005]

5. Dead letter effect: An interpretation which reduces one of the provisions to a "dead letter" or "useless lumber" is not harmonious construction. [Anwar Hasan Khan vs Mohd-Shafi 2001]

6. True meaning: To harmonize is not to destroy and statutory provision, or to render it otiose. [Sultana Begum vs Prem Chand Jain 1997]

7. Incongruous results: An interpretation giving rise to incongruous results must be avoided. [Indian banks Association vs Devkala Consultancy Services 2004]

In A. Abdul Farook vs Municipal Council, Perambalur 2009, it was held that harmonious construction in disregard of the doctrine of public trust and doctrine of good governance, is not warranted.

8. Harmonious construction: For the purpose of harmonious construction, the entire statute must be first read as a whole, then section by section, clause by clause, phrase by phrase and word by word. The relevant provision must, thus, be read harmoniously, and effect of exemption clause must be borne in mind [Diwan Singh vs Rajendra Pd. Adrevi 2007]

While construing an exemption modification, not only a pragmatic view is required to be taken but also its practical aspect must be considered. [Union of India vs Ranbaxy Laboratories Private Limited 2008.]

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